Cement, Energy and Environment

There are cases which are pending since last 6 to 7 years. Environmental Clearance obtained for such cases were extended and finally lapsed in few cases. The delay is mainly due to lack of conducive regulatory environment. There is urgent need to resolve such cases on priority. · Issue related to cases saved under 10(A) (2) (b) of MMDRA Act 2015 is another issue which requires attention. Committee involving State Govt. & Central Govt. (GSI & IBM) have discussed the cases at State Level but no further action is being initiated. There is lack of environment & synergy to resolve the issues. · There is need for discussion of issues pertaining to bidding, value of estimated resources based on reserves rather than resources, pre- embedded statutory clearances, surface rights, flexibility in MDPA, interest rate (24%) & interference in production planning during approval of Mining Plan etc. · In states where the auction process has not commenced so far, the Central Government through GSI/MECL shall identify Auction Blocks and advise State Government(s) to notify such Blocks within a prescribed period of 3 months for industrial development/sustaining existing end use plants. 2. Online public portal with provision for generating triggers at higher level · It is an excellent move to process the clearance in the event of delay has been put in place. However, it is being used only if there is short comings from project proponent side. The tool can be used to resolve the issue. 3. Encouragement of merger and acquisition of mining entities. · Globally mineral based industries continue to struggle with depressed prices and oversupply in majority of commodities. To remain competitive, companies review their strategies, business models and portfolios thus resizing themselves according to the market conditions presented by the dynamic and complex changes. This requires consolidation and business restructuring, to maintain continuity, liquidate stressed assets and protect employment besides attaining operational, synergistic and tax efficiencies. · As per the current regime transfer of leases is allowed only for auctioned mines. Captive Mines granted prior to January 12, 2015 are also allowed to transfer with additional payment of 80% of Royalty etc. under the MMDR Amendment Act, 2016 and the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016. There is no specific mention of transfer of PL and RP. The levy of transfer charge discourage the proposal. 4. Introduction of Right of First Refusal for RP/PL holders. · Current regime in India does not allow seamless transition RP to PL-cum-ML or ML and as per policy it allows Right of first refusal during auction of such concessions. · There should be provision of seamless transition and security of tenure of licences to boost the investment by private sectors in discovery of deep seated/ strategic minerals. Investors may not show interest if they have to participate in bid for the block discovered by them 2